NARINDERPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -Narinderpal Singh by filing this petition under Section 482 of the Code of Criminal Procedure, prays that the two sentences awarded to him viz. (i) imprisonment for life under Section 302/34 IPC and (ii) sentence of imprisonment for 10 years R.I. under Section 392/34 IPC in Sessions Case No. 32/21.8.98/94-FTC/7.3.2002 registered vide FIR No. 53 dated 19.4.1995, under Sections 302/382 IPC Police Station Kotwali, Patiala, decided on 6.5.2002, be ordered to run concurrently.

(2.) PETITIONER was convicted in the aforesaid case vide judgment dated 6.5.2002 passed by the learned Additional Sessions Judge (Ad hoc), Patiala. Vide a separate order of sentence dated 15.5.2002, he was awarded punishment of life imprisonment under Section 302/34 IPC with a fine of Rs. 50,000/- and in default of fine further sentence of one year R.I. was imposed. In the same case, he was also sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 1 lac and in default of payment of fine, to further undergo rigorous imprisonment for one year. The sentences awarded to the petitioner were not ordered to run concurrently. Petitioner filed Criminal Appeal No. 448-DB of 2002. The Division Bench of this Court maintained the conviction and sentences awarded to the petitioner. However, no order with regard to running of sentences concurrently was passed.

(3.) LEARNED counsel for the petitioner argued that when a person already undergoing a sentence of imprisonment for life is sentenced for any other term of imprisonment, the subsequent sentences shall run concurrently with the previous sentence. The petitioner along with other co-accused was sentenced to undergo imprisonment for life and to pay a fine of Rs. 50,000/- and in default of payment of fine to further undergo one year rigorous imprisonment under Section 302/34 IPC. He was also sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac and in default of payment of fine to further undergo rigorous imprisonment for one year under Section 394/34 IPC. The sentence of 10 years imprisonment imposed on the petitioner would, therefore, converge into the sentence of life imprisonment imposed under Section 302/34 IPC and would flow through one stream.